Council won’t face inspection over autism care

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Tuesday, 6 August 2019 22:22

By Andrew Morris - Local Democracy Reporter

Shropshire Council will not be investigated by the Ombudsman over a complaint over how it cared for a man with autism 15 years ago.

The man, known only as Mr X, was provided with supported accommodation between 2004 and 2006. A third-party delivered the service for the council.

Mr X said he was unnecessarily forced to leave his accommodation. He said he has recently received copies of his care records from the third-party.

He says these show the council withheld important information from him.

This includes his care plan, and documents showing there were concerns about Mr X’s behaviour.

Mr X said that if this information had been shared with him, then he could have changed his behaviour; he would not then have been forced to leave his accommodation.

Mr X said the failure to share information with him has had a “significant impact” on the way he has lived his life.

Mr X said he does not want anyone else to be treated in the same way.

But the local government and social care ombudsman said it will not carry out a review because “it is unlikely we could now carry out a robust and fair investigation or achieve a meaningful outcome.”

The Ombudsman said: “Complaints about events which took place some time ago can be difficult to investigate.

“The further away in time an investigation takes place from the events complained about, the harder it is to establish the material facts with confidence.

“In older cases, we are less likely to be able to gather sufficient evidence to reach a sound judgment.

“Even if some evidence is available, we need to be careful to ensure it is reliable, and does not only provide a partial picture of what happened.

“In many cases we cannot apply current standards, guidance, or professional expectations to historical situations. Procedures and processes will have changed and new legislation introduced.

“I understand why Mr X has only recently complained. And I also recognise the impact he says past events have had on him.

“But on balance, I think too much time has passed for the Ombudsman to carry out a robust and meaningful investigation.

“The evidence I have seen suggests there are only limited records now available.

“Even if the staff involved could be located, it is unlikely they would be able to recall events from 15 years ago.

“Mr X is clearly keen that the alleged mistakes are not repeated.

“But the council’s policies will have changed many times, and there is new legislation in place.

“I do not therefore think an investigation by the Ombudsman could achieve a meaningful outcome for Mr X.”

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